On the 16th of July 2020 the EU-US Privacy Shield was ruled invalid with immediate effect by the European Court of (“CJEU”). The steps that SaaS suppliers now need to take depend on the scale and type of international data flows and the transfer mechanisms used. If you rely solely upon the EU-US Privacy Shield for transfers to the US, you must replace the Privacy Shield with the EU Commission’s Standard Contractual Clauses (“SCCs”).
Continue readingTag: privacy shield
SaaS Agreements – Data Protection – Privacy Shield Approved
EU data protection law prohibits SaaS suppliers and SaaS customers from transferring personal data to countries or territories outside the EEA unless they are considered to provide adequate protection. Below is a summary of the current position following the recent announcement that the EU-US Privacy Shield has been adopted by the EU Commission and will now replace Safe Harbor.
Continue readingSaaS Agreements – Data Protection – EU US Privacy Shield
A new privacy agreement called the Privacy Shield has been agreed by the US and EU to replace the safe harbour scheme. The Privacy Shield is based upon safe harbour but has additional protections, particularly with regard to public authority access to personal data. The Privacy Shield must now be reviewed by the European Commission before it can be relied upon and adopted by SaaS suppliers or customers. The European Commission is currently assessing whether or not the Privacy Shield provides adequate protection in accordance with EU data protection laws. This process is expected to take up to 3 months.
Continue reading